Section one: Contracting authority/entity
one.1) Name and addresses
Fife Council
Bankhead Central, Bankhead Park
Glenrothes
KY7 6GH
Contact
Sarah Cutler
Telephone
+44 3451550000
Country
United Kingdom
NUTS code
UKM72 - Clackmannanshire and Fife
Internet address(es)
Main address
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA00187
one.4) Type of the contracting authority
Regional or local authority
one.5) Main activity
General public services
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
North Fife School Buses - Contract Extensions
Reference number
10346
two.1.2) Main CPV code
- 60112000 - Public road transport services
two.1.3) Type of contract
Services
two.1.4) Short description
Fife Council organises school bus services in line with The Education (Scotland) Act 1980 (Sections 42 & 51), as amended by the Education (Scotland) Act 1981, Education (Scotland) Act 1996 and The Standards in Scotland’s Schools etc Act 2000 and by enhancements agreed as Fife Council policy.
These contracts are for the supply of school bus services in North Fife.
North Fife is an area comprising, though not exclusively so, the boundaries of the former North-east Fife District Council. In general terms, this area is bounded by Newburgh, Gateside, Falkland, Freuchie, Star, Kennoway and Leven and all points to the north and east within the peninsula. The main urban centres are Cupar, St Andrews and Anstruther. Services may operate wholly within the North Fife area but are not limited by its boundaries and may operate further afield.
In early 2014 Fife Council confirmed the award of the initial contracts which ran from 14th August 2021 to 15th August 2021. Those contracts were extended until 14th August 2022, this information was published on 10th February 2021 in a modification notice under references: FEB406401 OCID:ocds-r6ebe6-0000643923
This notice is to extend these existing contracts with the incumbent suppliers for a period of 12 months
until 13th August 2023 for the reasons detailed in section IV of this notice.
two.1.6) Information about lots
This contract is divided into lots: No
two.1.7) Total value of the procurement (excluding VAT)
Value excluding VAT: £2,544,284
two.2) Description
two.2.2) Additional CPV code(s)
- 60112000 - Public road transport services
two.2.3) Place of performance
NUTS codes
- UKM72 - Clackmannanshire and Fife
Main site or place of performance
North Fife
two.2.4) Description of the procurement
School Bus Services in North Fife:
PS - Primary School
HS - High School
NF/AS1
ANSTRUTHER B9131 adj Cauldcots Farm Road End - ANSTRUTHER PS
NF/BB1
AUCHTERMUCHTY Burnside Adj Bank of Scotland - CUPAR Bell Baxter HS
NF/BB10
FALKLAND East Port Adj Square HR - CUPAR Bell Baxter HS
NF/BB11
Glenrothes Bus Station - CUPAR Bell Baxter HS
NF/BB12
SPRINGFIELD Main St adj Primary School - CUPAR Bell Baxter HS
NF/BB13
BLEBO CRAIGS Road End B939 Eastbound - CUPAR Bell Baxter HS
NF/BB14
CLAYTON A91 adj Clayton Caravan Park - CUPAR Bell Baxter HS
NF/BB15
Diageo - CUPAR Bell Baxter HS
NF/BB16
GUARDBRIDGE Main St Adj Toll Rd - CUPAR Bell Baxter HS
NF/BB17
BURNSIDE A91(T) Eastbound - CUPAR Bell Baxter HS
NF/BB18
CUPAR Crossgate - CUPAR Bell Baxter HS
NF/BB2
NEWBURGH High St Adj West Port Rd - CUPAR Bell Baxter HS
NF/BB3
FALKLAND Pillars of Hercules adj Farm Shop Entrance - CUPAR Bell Baxter HS
NF/BB4
NEWBURGH High St Adj West Port Rd - CUPAR Bell Baxter HS
NF/BB5
NEWBURGH High St Adj No 143/145 - CUPAR Bell Baxter HS
NF/BB6
New Inn - CUPAR Bell Baxter HS
NF/BB7
KETTLEBRIDGE Back Park Adj A92 (Cupar Rd) - CUPAR Bell Baxter HS
NF/BB8
FALKLAND Newton Rd Opp Lomond Cres - CUPAR Bell Baxter HS
NF/BB9
NEW INN Adj Pittillock Farm HR - CUPAR Bell Baxter HS
NF/BM1
Peacehill Farm - Balmerino PS
NF/CG1
ST ANDREWS Bus Station (Stance 1) - ST ANDREWS Cannongate PS
NF/CH1
CUPAR Carslogie Rd Adj Elmwood College - CUPAR Castlehill PS
NF/CH2
CUPAR Carslogie Rd Adj Elmwood College - CUPAR Castlehill PS
NF/CH3
STRATHEDEN A91(T) Adj Stratheden Access - CUPAR Castlehill PS
NF/CH4
FOODIEASH Main Road adj Longlea Cottage - CUPAR Castlehill PS
NF/CH5
CUPAR George Govan Road adj 57 - CUPAR Castelhill PS
NF/GF1
Eastport, Dundee Foundry Lane, - ST ANDREWS Madras HS
NF/MD1
Eastport, Foundry Lane, near - ST ANDREWS Madras HS
NF/MD10
Eastport, Foundry Lane, near - ST ANDREWS Madras HS
NF/MD11
TAY ROAD BRIDGE Access Road Adj Car Park - ST ANDREWS Madras HS
NF/MD12
TAY ROAD BRIDGE Access Road Adj Car Park - ST ANDRREWS Madras HS
NF/MD13
Balmullo - ST ANDREWS Madras HS
NF/MD14
GUARDBRIDGE Main St Opp Toll Rd - ST ANDREWS Madras HS
NF/MD15
BLEBO CRAIGS Road End B939 Eastbound - ST ANDREWS Madras HS
NF/MD16
Methil - New Gilston - ST ANDREWS Madras HS
NF/MD17
ST ANDREWS Madras HS - Tayport
NF/MD18
ST ANDREWS Madras HS - Newport
NF/MD2
Eastport, Foundry Lane, near - ST ANDREWS Madras HS
NF/MD3
Eastport, Foundry Lane, near - ST ANDREWS Madras HS
NF/MD4
TAY ROAD BRIDGE Access Road Adj Car Park - ST ANDREWS Madras HS
NF/MD5
TAY ROAD BRIDGE Access Road Adj Car Park - ST ANDREWS Madras HS
NF/MD6
WORMIT Kilmany Rd Opp No 45 - ST ANDREWS Madras HS
NF/MD7
TAYPORT Scotscraig Dr adj Young Court HR - ST ANDREWS Madras HS
NF/MD8
TAYPORT Newport Rd Opp Scotscraig Dr - ST ANDREWS Madras HS
NF/MD9
ST ANDREWS Madras HS - Tayport
NF/NP1
DRUMOIG Forgan Drive adj 13 - NEWPORT Adj PS
NF/SC1
AUCHTERMUCHTY Low Rd adj High Rd -St Columba’s & Castlehill PS
NF/WD1
Methil Sea Rd adj Police Stn - Waid Academy HS
NF/WD2
Methil Police Stn - Waid Academy HS
NF/WD3
Methil Wellesley Road - Waid Academy HS
NF/WD4
ANSTRUTHER B9171 adj West Pitcorthie Farm - Waid Academy HS
95
ST ANDREWS Madras HS - Kingsbarns (Seasons)
95
Waid Academy HS- Crail (Seasons)
95
ST ANDREWS Madras HS - Kingsbarns (additional vehicle)
95/395
Waid Academy HS - Leven (Seasons)
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Award of a contract without prior publication of a call for competition in the cases listed below
- The procurement falls outside the scope of application of the regulations
Explanation:
Covid-19, has reduced demand so fares information for specifications can’t be provided and it’s unclear when passenger numbers will return to pre-Covid levels, leading to difficulty in pricing bids because fare levels are unknown. By extending contracts, we have time to obtain more realistic passenger level data. - Covid-19 has prevented us undertaking on-bus passenger surveys, a more effective tool than online ones with regard to response numbers. Recovered passenger levels will enable accurate surveys. - The Covid Support Grant will be revised/ended at some point, which is likely to impact bus operators’ income. There is concern that, when the Government support ends, marginal commercial bus routes will be withdrawn, putting pressure on the Council to subsidise replacements. The impact isn’t yet known but we wouldn’t want any decisions/outcomes to force us to amend/abandon a procurement in the near future. - Delay to implementing the Under 22s Free Travel Scheme leaves unknowns re. provision of passenger and pupil fare estimates and continued uncertainty over what the Government will be funding with regard to pupils on our registered school buses.
All are circumstances outwith the Council’s control. The expiry of the incumbent contracts while these circumstances apply makes assessing the need for services and consequently the specification of a longer term requirement impossible. It is proposed therefore to extend the existing contracts/service for a short time until the above circumstances resolve.
It is considered these circumstances fall within the scope of Regulation 33(1)(c)- extreme urgency brought about by unforeseeable circumstances). The Urgency has been brought about by the combination of the above circumstances caused by Covid-19 which mean we are unable to accurately assess the pattern of bus usage needed to shape an appropriate future network of services, and the fact existing
contracts are coming to an end.
The circumstances also fall within the scope of Section 72(1)(c) which permits the modification of a contract, including extension, where all of the following conditions are fulfilled:
(i) the need for modification has been brought about by circumstances which a diligent contracting authority could not have foreseen (See above); (ii) the modification does not alter the overall nature of the contract or framework; (iii) any increase in price does not exceed 50%
of the initial contract value or framework agreement;
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
four.2) Administrative information
four.2.1) Previous publication concerning this procedure
Notice number: 2021/S 000-002733
Section five. Award of contract/concession
Contract No
10346
A contract/lot is awarded: Yes
five.2) Award of contract/concession
five.2.1) Date of conclusion of the contract
7 October 2021
five.2.2) Information about tenders
The contract has been awarded to a group of economic operators: Yes
five.2.3) Name and address of the contractor/concessionaire
Moffat & Williamson Ltd
Old Railway Yard, St Fort, Newport On Tay, Fife
Wormit
DD6 8RG
Country
United Kingdom
NUTS code
- UK - United Kingdom
The contractor/concessionaire is an SME
Yes
five.2.3) Name and address of the contractor/concessionaire
Stagecoach East Scotland
Unit 9 u/f, Castle Business Centre, Queensferry Road, Pitreavie Industrial Estate
Dunfermline
KY11 8NT
Country
United Kingdom
NUTS code
- UKM7 - Eastern Scotland
The contractor/concessionaire is an SME
No
five.2.3) Name and address of the contractor/concessionaire
A1 Minibus & Coach Services LTD
577 Wellesley Road, Methil
Fife
KY8 3PD
Country
United Kingdom
NUTS code
- UKM72 - Clackmannanshire and Fife
The contractor/concessionaire is an SME
Yes
five.2.3) Name and address of the contractor/concessionaire
Tayside Public Transport Co Ltd
44-48 East Dock Street, Dundee
Dundee
DD1 3JS
Country
United Kingdom
NUTS code
- UKM71 - Angus and Dundee City
The contractor/concessionaire is an SME
No
five.2.4) Information on value of contract/lot/concession (excluding VAT)
Total value of the contract/lot/concession: £2,544,284
Section six. Complementary information
six.3) Additional information
Contract - Operator - Annual Price GBP
NF/AS1 - Moffat & Williamson - 43,492.00
NF/BB1 - Moffat & Williamson - 48,781.00
NF/BB10 - Moffat & Williamson - 51,489.00
NF/BB11 - Moffat & Williamson - 52,367.00
NF/BB12 - Moffat & Williamson - 42,176.00
NF/BB13 - Moffat & Williamson - 49,889.00
NF/BB14 - Moffat & Williamson - 49,627.00
NF/BB15 - Moffat & Williamson - 52,489.00
NF/BB16 - Moffat & Williamson - 58,228.00
NF/BB17 - Moffat & Williamson - 53,791.00
NF/BB18 - Moffat & Williamson - 24,344.00
NF/BB2 - Moffat & Williamson - 56,014.00
NF/BB3 - Moffat & Williamson - 46,559.00
NF/BB4 - Moffat & Williamson - 55,720.00
NF/BB5 - Moffat & Williamson - 56,013.00
NF/BB6 - Moffat & Williamson - 46,939.00
NF/BB7 - Moffat & Williamson - 47,949.00
NF/BB8 - Moffat & Williamson - 49,074.00
NF/BB9 - Moffat & Williamson - 53,092.00
NF/BM1 - Moffat & Williamson - 35,576.00
NF/CG1 - Stagecoach - 39,696.00
NF/CH1 - A1 Minibus & Coach Services - 24,400.00
NF/CH2 - A1 Minibus & Coach Services - 32,768.00
NF/CH3 - A1 Minibus & Coach Services - 34,701.00
NF/CH4 - A1 Minibus & Coach Services - 26,835.00
NF/CH5 - A1 Minibus & Coach Services - 26,153.00
NF/GF1 - Tayside Public Transport Co - 51,411.00
NF/MD1 - Tayside Public Transport Co - 53,517.00
NF/MD10 - Tayside Public Transport Co - 53,135.00
NF/MD11 - Tayside Public Transport Co - 53,994.00
NF/MD12 - Moffat & Williamson - 51,568.00
NF/MD13 - Moffat & Williamson - 44,018.00
NF/MD14 - Moffat & Williamson - 43,992.00
NF/MD15 - A1 Minibus & Coach Services - 56,071.00
NF/MD16 - Stagecoach - 53,409.00
NF/MD17 - Stagecoach - 20,114.00
NF/MD18 - Moffat & Williamson - 12,251.00
NF/MD2 - Tayside Public Transport Co - 53,344.00
NF/MD3 - Tayside Public Transport Co - 52,988.00
NF/MD4 - Tayside Public Transport Co - 52,953.00
NF/MD5 - Tayside Public Transport Co - 50,535.00
NF/MD6 - Tayside Public Transport Co - 54,821.00
NF/MD7 - Moffat & Williamson - 51,831.00
NF/MD8 - Moffat & Williamson - 51,830.00
NF/MD9 - Tayside Public Transport Co - 51,790.00
NF/NP1 - Moffat & Williamson - 40,467.00
NF/SC1 - Moffat & Williamson - 42,052.00
NF/WD1 - A1 Minibus & Coach Services - 53,979.00
NF/WD2 - A1 Minibus & Coach Services - 61,510.00
NF/WD3 - A1 Minibus & Coach Services - 61,510.00
NF/WD4 - Moffat & Williamson - 47,582.00
95 - Stagecoach - 12,750.00
95 - Stagecoach - 36,847.00
95 - Stagecoach - 28,907.00
95/395 - Stagecoach - 86,946.00
(SC Ref:673002)
six.4) Procedures for review
six.4.1) Review body
Kirkcaldy Sheriff Court
Kirkcaldy
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
Economic operators should approach the contracting authority in the first instance. However, the only formal remedy is to apply to the courts:
An economic operator that suffers, or is at risk of suffering, loss or damage attributable to a breach of duty under the Public Contracts (Scotland) Regulations 2015 or the Procurement Reform (Scotland) Act 2014, may bring proceedings in the Sheriff Court or the Court of Session.